BNS Section 25: Act Not Intended and Not Known to Be Likely to Cause Death or Grievous Hurt, Done by Consent

Definition of BNS Section 25

Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Explanation and Illustration of BNS Section 25

This section prescribes that nothing is an offence if an act does not intend to cause death or grievous hurt and the doer has no knowledge that it is so likely to cause such harm as aforesaid, and the person so put in fear is an adult who has consented to take the risk.

This provision establishes the principle of consent. Based on this, one can carry out acts that will risk harm as long as such acts are carried out based on one's own choice. It brings out the spirit of personal autonomy and reasonable judgement in acts involving physical performances.

Example:

Two friends, A and Z, agree to engage in a friendly fencing match for entertainment. This means that if the play is fair and of good intent, the inherent implication of the agreement that both parties enter into this match is to consent with the possibility of minor injuries. If A, as a result of his sticking to the rules of fencing, accidentally injures Z, A would not be found criminally liable for causing the injury to Z.

This section illustrates how the law establishes recognition of consensual dealings, a balanced approach enabling people to engage in undertakings that intrinsically involve risks yet ensuring them not to face judicial consequences unfairly if such agreement is well-informed and voluntary.

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